1 - About this application
You can make an application when excessive noise from a nearby area is causing a nuisance to you or your family.
Environmental noise means unwanted or harmful outdoor sound created by human activities. This can include noise from:
- Transport,
- Road traffic,
- Rail traffic,
- Air traffic,
- Industrial sites.
You might find yourself in a situation where persistent or disruptive noise is disturbing you, and you haven't been able to resolve it with the owner of the property or equipment causing the noise.
Who can help
You should attempt to resolve the issue yourself by contacting the person, business or company that owns the property that the noise is coming from. Your Local Authority or Environmental Protection Agency (EPA) may be able to provide information or guidance to assist you. If the noise is coming from an industrial or commercial source, the EPA or the local authority may serve a notice on those causing the noise.
Noise complaint cases can be complicated. You should consider getting legal advice to better understand the options available to you.
2 - Before your court application
- You must send a formal notice letting the propery owner know that you intend to make an application to the court.
- You will find information on this formal notice - Section 108 of the Act.
- This notice should be sent at least seven days before you intend to make the application at the court office. You should keep a copy of the notice for your records.
- You can deliver the notice by hand to the property owner or send it by post. You should keep a copy of the notice for your records.
- You should keep a detailed log of the noise, including dates, times, and the duration of the noise, as evidence for the court.
- If the noise persists after the notice period of seven days, you can proceed to the District Court office to make the application.
3 - How to make your court application
You can download your application form Form No. 40C.01 Notice of Statutory Application or contact your local court office and they can send a application form to you by post. The person making the application it the claimant and the person you are making the application against is the respondant.
You will need to include the following information to complete your application:
- District Court number and area. Please see our map, this can be found here.
- A record number which will be inserted by the court office,
- Enter the enactment which is the section of the legislation that is relevant to your application - The Environmental Protection Agency Act 1992 (Noise) Regulations 1994 (SI No 179 of 1994),
- Your full name and address,
- the respondent's full name and address,
- the date and time of court which the court office will give you,
- details of what you are asking the judge to do,
- reasons why your making this application,
- list of documents you intend to rely on or use in court, including video evidence if applicable,
- the address of the court office where you filed your application.
Stamp Fee
You must pay the appropriate court fee for your application. This civil application fee of €80 can be paid at your local court office (or in Dublin, at the Stamping Office in the Áras Uí Dhálaigh building in the Four Courts complex). You can pay these fees by card or cash.
The office will check your application, give it a record number and they will return the form to you.
You will need three copies of the stamped application:
- The original for the court office
- A copy to be served upon the respondent
- A copy for yourself
4 - Serving and submitting your application
Serving your application
You must then send a copy of your application to the respondent. This is called serving the application. Please see our serving and proof of service page for more information.
The Respondent must be notified at least twenty one days prior to the court date by registered post. Your post office will give you a certificate of postage.
Submitting your application
A copy of the stamped application with the declaration of service attached must be lodged in your local District Court office at least seven days prior to the court date.
Please see our preparing for civil court pages for more information on what to expect in court.
5 - Attending court
You or your legal representative should arrive on time on your court date and make yourself known to the court when your list number and name is called out.
The judge will hear the evidence and make a decision on your case.
Results from your hearing
Your case can have a number of outcomes. The judge may
- Grant your application
- Apply certain conditions to control the noise
- Refuse your application
- Adjourn your case for more information
- Ask the parties to mediate and reach an agreement
What happens after court
See ourAfter your hearing page for more information on what to expect after your court hearing.
